State v. Pointer
953 N.E.2d 853
Ohio Ct. App.2011Background
- Pointer, previously convicted of involuntary manslaughter (1997) and felonious assault, received aggregate nine-year sentence and mandatory postrelease control (PRC) terms; termination entry failed to specify the mandatory PRC length; Pointer released in 2007 under APA supervision with PRC conditions; notices informed him that absconding could lead to escape charges; Pointer failed to report May 15, 2009, leading to a December 1, 2009 escape indictment; Pointer moved to dismiss arguing APA lacked authority due to improper PRC imposition; trial court cited State v. Jordan; Pointer entered no contest to escape and was convicted; the court adjudicated the appeal and ultimately vacated the conviction and discharged Pointer on this offense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the indictment was legally sufficient to support escape given improper PRC imposition | Pointer argues APA lacked authority due to void PRC. | State argues Jordan allows proof of supervision without proper prior notice. | Yes; the PRC defect voided the support for detention, so escape conviction must be vacated. |
Key Cases Cited
- State v. Jordan, 124 Ohio St.3d 397, 922 N.E.2d 951 (2010-Ohio-281) (found that proof of post-release supervision may be shown without oral notification but did not apply when PRC imposition was legally defective)
- State v. Renner, 2011-Ohio-502 (2011-Ohio-502) (void post-release control where termination entry omits mandatory term; cannot support escape conviction)
- State v. Bloomer, 122 Ohio St.3d 200, 909 N.E.2d 1254 (2009-Ohio-2462) (requirement to notify and journalize PRC: both necessary to authorize APA)
- State v. Fischer, 2010-Ohio-6238 (2010-Ohio-6238) (further limits on when a sentence with defective PRC is void)
- State v. Jordan, 104 Ohio St.3d 21, 817 N.E.2d 864 (2004-Ohio-6085) (early rule about PRC notification and incorporation into judgment)